Welcome to Oshino Lamps UK Ltd

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Terms & Conditions

1. DEFINITIONS
In these conditions “The Company” shall mean Oshino Lamps (U.K) Ltd., whose Registered Office is situated at 1 Churchfield Court, Robey Close, Linby, Nottingham NG15 8AA; “The Customer” shall mean the person, firm or Company to whom any quotation is addressed or with whom any contract is made. “The Goods” shall mean the articles or things or any of them agreed to be sold as described on the face hereof.
2. APPLICATION OF THESE CONDITIONS
a) All quotations given and all contracts made by the Company are subject to the terms, conditions and exceptions contained herein.
b) All conditions and exceptions referred to by the Customer or contained in the Customer’s order are hereby excluded.
3. PLACE OF DELIVERY
In the event of the Company agreeing to deliver the goods the Company will deliver or arrange for the delivery of the goods at the place of delivery, whereupon the risk in the goods shall pass to the Customer. The Customer shall take delivery of the goods at the place of delivery with reasonable despatch and subject to written advice from the Customer in accordance with clause 9 hereof, the goods shall be deemed to have been delivered complete and in a satisfactory condition.
4. DESPATCH
Despatch dates mentioned in any quotation or acceptance or elsewhere are given in good faith but are approximate only and not of contractual effect. The Company will not be liable for any loss, damage or delay due to the failure of the Company for any reason whatsoever to despatch the goods on or by the dates stated. If the Company is hindered or prevented from obtaining, transporting, delivering or arranging for the delivery of the goods by war, riots, strikes or any other cause whatsoever beyond the control of the Company, the time for delivery shall at the Company’s option be extended accordingly and this clause shall apply to the new date of despatch.
5. PRICES
All prices quoted by the Company shall be subject to change without notice. Prices quoted include for packing and for carriage (if stated on the face hereof) but do not include any goods or work (apart from packing) not specified on the contract.
6. PAYMENT
Unless otherwise agreed in writing the Customer shall pay for the goods in cash according to the terms of payment described on the face hereof and not later than the stated days after date of delivery.
7. TIME OF DELIVERY
Times of delivery as specified in any order shall not be deemed to be of the essence of the contract and the Customer shall not be entitled by virtue of delay in delivery to cancel the order and make any claim against the Company in respect of loss caused thereby.
8. LIABILITY
a) The Company does not accept responsibility for breakages, damage or loss otherwise than by its own transport. The liability of the Company in respect of goods which are damaged during carriage by its own transport shall be strictly limited to the supply of a new part or making good the damage thereby caused and the Company shall not be liable for any costs whatsoever.
b) The liability of the Company in respect of defective goods shall only extend to the repair or replacement of any goods as are proved to the company to be defective
by reason of faulty material or workmanship and the Company shall not be liable for any costs whatsoever.
c) Save as provided in this Condition the Company shall not be liable for any loss, damage or delay whatsoever and howsoever the same may arise or be caused. All implied conditions and warranties and other terms whether implied by statute or at Common law or otherwise and whether as to quality, fitness for purpose, performance, merchantability or otherwise in relation to the goods and to the sale or supply thereof by the Company are hereby excluded.
d) The Customer will be held responsible for loss or damage however occurring to property belonging to the Company whilst in the Customers possession and/or
control.
9. CLAIMS
Notice of any claim by the Customer under Clause 8 (a) above must be received by the Company in writing not later than three days after delivery of the goods and under Clause 8 (b) above must be received by the Company in writing no later than six months after delivery of the goods. Otherwise all claims by the Customer shall be deemed to be waived and absolutely barred.
10. TERMINATION
Without prejudice to any rights which the Company may have, the Company shall be entitled to determine any contract forthwith and demand immediate payment of any amount due or accruing due to the Company thereunder if (a) the Customer commits any breach thereof or (b) becomes insolvent or enters into a composition with or for the benefit of this creditors or (being a body corporate) has a Receiver appointed of its undertaking or assets or goes into liquidation (save for the purpose of reconstruction or amalgamation).
11. STORAGE
The Customer shall for so long as he may store the goods safeguard them and take all reasonable steps to prevent their deterioration.
12. ACCEPTANCE OF ORDER
The Company shall be bounded by the Customers order only if the Company accepts in writing within thirty days of the date of the order.
13. INSTALMENTS
(1) Unless otherwise agreed each instalment of the goods to be paid for in cash within the time specified in the Company’s Invoice. All payments to be made on due date as a condition precedent to future deliveries.
(2) The failure of the Company to deliver or the Customer to pay for any one or more of the said instalments of the said goods at the times hereinbefore provided for delivery or payment respectively shall not entitle the Customer or the Company respectively to  reat the contract as repudiated by the party in default shall be liable to compensate the other party for any loss or damage consequent upon such failure subject nevertheless in the case of the Company to the limitation as to its liability contained in clause 8 hereof.
(3) The time hereinbefore stipulated for payment for the said goods shall be deemed to be of the essence of the contract and the failure of the Customer to pay for any one or more of the said instalments in accordance with foregoing stipulation shall entitle the Company to treat such failure as a repudiation of this contract by the other party and the Company to repudiate further performance thereof and to recover damages for the breach of contract.
(4) Each instalment deliverable under this Contract shall be deemed to be sold under a separate contract and the party in default in respect of any such instalment shall be liable in damages accordingly subject nevertheless in the case of the Company to the limitations on its liability as stipulated elsewhere in these conditions. But such default shall not entitle the other party to repudiate the Contract with regard to any instalments remaining deliverable nor shall either party be entitled to enforce or demand delivery as the case may be of any instalment after the time appointed for delivery thereof.
14. LIEN
(1) Notwithstanding that credit has hereinbefore been given for the payment of the price of the said goods the company shall be entitled to retain possession thereof until payment.
(2) In addition to any right of lien to which the Company may by law be entitled the Company shall (in the event of the Customers insolvency) be entitled to a general lien on all goods of the Customer in the Company’s possession (although such goods or some of them may have been paid for) for the unpaid price of any other goods sold and delivered to the Customer by the Company under the same or any other contract.
15. VARIATIONS
Neither the Company nor the Customer shall be bound by any variation, waiver of, or addition to these conditions except as agreed by both parties in writing and signed on their behalf. In the event of any disagreement between the conditions herein and any other conditions between the Company and the Customer the conditions herein shall apply.
16. MISCELLANEOUS
(a) No warranty is given by the Company that the use of the goods for any purpose does not infringe any British or foreign patents.
(b) The rights and obligations of the Company and of the Customer shall be governed by the Laws of England.
(c) All disputes differences or questions at any time arising between the parties as to the construction of the contract or as to any matter or thing arising out of the contract or in anyway connected therewith shall be referred to the arbitration of a single arbitrator who shall be agreed between the parties or who failing such agreement shall be appointed at the request of either party by the president for the time being of Law society. The Arbitration shall be in accordance with the Arbitration Act 1950 and any statutory modification or re-enactment thereof for the time being in force.